11-28-2016 Council Packet - Laserfiche WebLink

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Agreement No. PW 25-32-16 CSAR 112; C. P. 091101 sediment and others works as needed from the Brown Road Pond and will perform the work with its own forces or by contract. It is understood that the decision to dredge or repair the Brown Road Pond shall be made jointly by the City of Orono's Director of Public Works and the County's Transportation Operations Department Director. Upon completion of the work by the City of Orono or its contractor(s) and acceptance of the work by the County's Transportation Operations Department Director or a designated representative, the city will submit an itemized invoice to the County for one hundred (100) percent of the County's share of the costs. It is further understood and agreed that upon completion of the Project the Cities, at their sole cost and expense, will perform all routine maintenance on the retaining walls and retaining wall fencing/railing constructed as a part of the Project. In the event, at any time in the future, that the retaining walls and integral retaining wall fencing/railing constructed as a part of the Project are rehabilitated and/or replaced the County agrees to participate in fifty (50) percent of the costs of said rehabilitation and/or replacement. It is understood by the parties hereto that the term `upon completion of the Project' as used in this agreement shall be defined as acceptance by the County's construction engineer of the construction work performed by the County's construction contractor that is to be maintained by the Cities as specified herein. All questions of maintenance responsibilities that may arise shall be jointly resolved by the Cities' Directors of Public Works and the County's Transportation Operations Department Director. V4 It is hereby understood that the County requires an operational clear zone behind the face of curb for storage of snow removed from County roadways. The Cities, at its discretion, will remove snow that may be placed on the sidewalks and/or pedestrian/bicycle paths within the operational clear zone, as a result of the County's snow removal operations on CSAH 112 within the limits of the Project. This paragraph is not intended to confer a benefit upon any third party and the Cities' decision to remove snow from the sidewalk and/or paths shall be made by the Cities in its sole discretion pursuant to its policy on removal of snow and ice from its sidewalks and/or pedestrian/bicycle paths and trails. XX The City of Long Lake agrees to defend, indemnify and hold harmless the County and the City of Orono, their officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City of Long Lake, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the construction of the Landscape Project, or related to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined City of Long Lake owned improvements constructed as part of said Project. The City of Long Lake's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 12- \"',